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FIVE STAR PREMIER RESIDENCES OF HOLLYWOOD vs AGENCY FOR HEALTH CARE ADMINISTRATION, 13-003273 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-003273 Visitors: 6
Petitioner: FIVE STAR PREMIER RESIDENCES OF HOLLYWOOD
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: EDWARD T. BAUER
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Aug. 27, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 11, 2014.

Latest Update: May 20, 2014
13003273_AFO_05202014_11291742_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


SNH SE TENANT TRS, INC. d/b/a FIVE STAR PREMIER RESIDENCES OF HOLLYWOOD,


2014 MAY I b A 8: 5 4



vs.

Petitioner,

AHCA NO.: 2013008373

DOAH NO.: 13-3273


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent


     ;/

RENDITION NO.: AHCA- JL.f -otfS"&>s-OLC



FINAL ORDER


Having reviewed the Statement of Deficiencies, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency has jurisdiction over the above-named Petitioner pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.


  2. The Agency issued the attached Statement of Deficiencies to the Respondent. (Ex. 1)


  3. The Petitioner requested a formal hearing to challenge the Agency's findings.


  4. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:

  1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


  2. The Petitioner's petition for a formal administrative hearing is withdrawn.

ORDERED at Tallahassee, Florida, on this Dctay of /h.o--y , 2014.


Elizabeth Dud cretary

Agency for HeaCare Administration


Administrative

1Filed May 20, 2014 11:29 AM Division of Hearings

NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of rendition of the order to be reviewed.


CERTIFICATE OF SERVICE



Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit (Electronic Mail)

Finance & Accounting Revenue Management Unit (Electronic Mail)

Lourdes A. Naranjo, Senior Attorney Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Thomas W. Caufman, Esq.

Quintairos, Prieto, Wood & Boyer, P.A. 4905 West Laurel Street

Tampa, Florida 33607

(U.S. Mail)

Edward T. Bauer Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)



2

STATEMENT OF DEFICIENCIES AND PLAN OF CORRECTION

(X1) PROVIDER/SUPPLIER/CUA IDENTIFICATION NUMBER:


AL11953616

(X2) MULTIPLE CONSTRUCTION

  1. BUILDING:                       _


  2. WING                                                   

(X3) DATE SURVEY COMPLETED


05/16/2013

NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY, STATE, ZIP CODE

FIVE STAR PREMIER RESIDENCES OF HOLLY 2480 NORTH PARK ROAD

HOLLYWOOD, FL 33021

(X4)ID PREFIX TAG

SUMMARY STATEMENT OF DEFICIENCIES (EACH DEFICIENCY MUST BE PRECEDED BY FULL REGULATORY OR LSC IDENTIFYING INFORMATION)

ID PREFIX TAG

PROVIDER'S PLAN OF CORRECTION (EACH CORRECTIVE ACTION SHOULD BE

CROSS-REFERENCED TO THE APPROPRIATE DEFICIENCY)

(X5) COMPLETE DATE

A ooo


A 152

Initial Comments


Surveyor: 28825

An Assisted Living Facility Complaint inspection survey CCR# 2013002354 was conducted on 05/16/2013. The Five Star Premier Residences of Hollywood Assisted Living Facility had no deficiencies found at the time of the visit related to this allegation. Deficient practice was identified at the time of the survey unrelated to the complaint.


58A-5.023(3) FAC Physical Plant - Safe Living Environ/Other


  1. OTHER REQUIREMENTS.

    1. All facilities must:

  1. Provide a safe living environment pursuant to Section 429.28(1)(a), F.S.; and

  2. Must be maintained free of hazards; and

  3. Must ensure that all existing architectural, mechanical, electrical and structural systems and appurtenances are maintained in good working order.

(b) Pursuant to Section 429.27, F.S., residents

shall be given the option of using their own belongings as space permits. When the facility supplies the furnishings, each resident bedroom or sleeping area must have at least the following furnishings:

  1. A clean, comfortable bed with a mattress no

    less than 36 inches wide and 72 inches long, with the top surface of the mattress a comfortable height to ensure easy access by the resident;

  2. A closet or wardrobe space for hanging clothes;

  3. A dresser, chest or other furniture designed for

    storage of personal effects;

  4. A table, bedside lamp or floor lamp, and waste basket; and

  5. A comfortable chair, if requested.

ADDO


A 152



AHCA Form 3020-0001

LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER REPRESENTATIVE'S SIGNATURE TITLE (X6)DATE



STATE FORM 6899 8GJl11 If continuation sheet 1 of 4


EXHIBIT 1

STATEMENT OF DEFICIENCIES AND PLAN OF CORRECTION

(X1) PROVIDER/SUPPLIER/CUA IDENTIFICATION NUMBER:


AL11953616

(X2) MULTIPLE CONSTRUCTION

A BUILDING:                       _


B. WING                                                   

(X3) DATE SURVEY COMPLETED


05/16/2013


NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY, STATE, ZIP CODE

FIVE STAR PREMIER RESIDENCES OF HOLLY 2480 NORTH PARK ROAD

HOLLYWOOD, FL 33021

(X4)ID PREFIX TAG

SUMMARY STATEMENT OF DEFICIENCIES (EACH DEFICIENCY MUST BE PRECEDED BY FULL REGULATORY OR LSC IDENTIFYING INFORMATION)

ID PREFIX TAG

PROVIDER'S PLAN OF CORRECTION (EACH CORRECTIVE ACTION SHOULD BE

CROSS-REFERENCED TO THE APPROPRIATE DEFICIENCY)

(XS) COMPLETE DATE

A 152

Continued From page 1

  1. The facility must maintain master or duplicate keys to resident bedrooms to be used in the event of an emergency.

  2. Residents who use portable bedside commodes must be provided with privacy during use.

  3. Facilities must make available linens and

personal laundry services for residents who require such services. Linens provided by a facility shall be free of tears, stains and not be threadbare.


This Statute or Rule is not met as evidenced by: Surveyor: 28825

Based on observation, interview and record review, the facility failed to provide a safe environment, free from hazards. As evidenced by facility failure to prevent resident access to construction areas on the facility grounds.


The findings include:


During a tour of the facility on 5/16/2013 at approximately 12:00 PM with the Administrator and Corporate Attorney, residents were observed ambulating with rolling walkers throughout the facility and going outside to the front of the building. The complex was undergoing renovation. Multiple buildings were covered with scaffolding engulfing them completely. The demolition construction on the buildings was very loud and construction vehicles were coming and going throughout the facility parking lots and the facility entrance. Construction debris was noted in

A 152



STATEMENT OF DEFICIENCIES AND PLAN OF CORRECTION

(X1) PROVIDER/SUPPLIER/CUA IDENTIFICATION NUMBER:


AL11953616

(X2) MULTIPLE CONSTRUCTION

  1. BUILDING:                       _


  2. WING                                                   

(X3) DATE SURVEY COMPLETED


05/16/2013


NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY, STATE, ZIP CODE

FIVE STAR PREMIER RESIDENCES OF HOLLY 2480 NORTH PARK ROAD

HOLLYWOOD, FL 33021

(X4)ID PREFIX TAG

SUMMARY STATEMENT OF DEFICIENCIES (EACH DEFICIENCY MUST BE PRECEDED BY FULL REGULATORY OR LSC IDENTIFYING INFORMATION)

ID PREFIX TAG

PROVIDER'S PLAN OF CORRECTION (EACH CORRECTIVE ACTION SHOULD BE

CROSS-REFERENCED TO THE APPROPRIATE DEFICIENCY)

(X5) COMPLETE DATE

A 152

Continued From page 2 the parking lots.

During the tour inside the facility, the main resident elevators were observed. During an interview with the Administrator at 12:40 PM on 05/16/13, she stated the facility had put up an enclosure fence for safety, which prevents resident access to the lakes edge. She stated that due to the renovation construction, the benches along the sidewalk had been removed. The surveyor observed scaffolding on the entire building next to the lake enclosed area. A white metal fence was observed to enclose the lake walkway and building frontage. Key pad access was noted on the outside entrance gates coming into/out of this gated area. The Administrator stated that the residents would need to know the pass code to enter or leave this enclosed area when outside the building. She stated that due to the renovation, residents should not have access to the construction area due to safety concerns.


On 5/16/2013 at approximately 3:30 PM the surveyor observed that a section of the metal fence enclosure around the lake walkway, (next to the front parking lot) was missing. The keypad and gate remained intact but the lake area had open access due to the missing fence section.

An interview was conducted with the Administrator and Executive Director on 05/16/13 at 3:40 PM, inquiring about the enclosed lake front area. They stated the fenced enclosure provided safety for the residents. The Administrator, Executive Director, Regional Director of Operations and surveyor observed the section of the fence that had been removed. The Executive Director stated she was not aware that the fencing had been removed and immediately went to speak with the construction foreman. She stated that the area was a construction site and

A 152



STATEMENT OF DEFICIENCIES AND PLAN OF CORRECTION

(X1) PROVIDER/SUPPLIER/CUA IDENTIFICATION NUMBER:


AL11953616

(X2) MULTIPLE CONSTRUCTION

A BUILDING:                      _


B. WING                                                       

(X3) DATE SURVEY COMPLETED


05/16/2013

NAME OF PROVIDER OR SUPPLIER STREET ADDRESS, CITY, STATE, ZIP CODE

FIVE STAR PREMIER RESIDENCES OF HOLLY 2480 NORTH PARK ROAD

HOLLYWOOD, FL 33021

(X4)1D PREFIX TAG

SUMMARY STATEMENT OF DEFICIENCIES (EACH DEFICIENCY MUST BE PRECEDED BY FULL REGULATORY OR LSC IDENTIFYING INFORMATION)

ID PREFIX TAG

PROVIDER'S PLAN OF CORRECTION (EACH CORRECTIVE ACTION SHOULD BE

CROSS-REFERENCED TO THE APPROPRIATE DEFICIENCY)

(XS) COMPLETE DATE

A 152

Continued From page 3

should be closed off to prevent injury. The ground surrounding the open section of fence, was observed to be uneven, rocks and construction debris littered the pathway. Due to the fence removal, the enclosure did not provide protection for the vulnerable elderly residents since access could be achieved to both the lakes edge and construction site.


Class Ill

A 152




Docket for Case No: 13-003273
Issue Date Proceedings
May 20, 2014 Settlement Agreement filed.
May 20, 2014 Agency Final Order filed.
Feb. 11, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 11, 2014 Agreed Motion to Relinquish Jurisdiction filed.
Jan. 16, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 10, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
Jan. 16, 2014 AHCA's Unopposed Motion for Continuance filed.
Jan. 14, 2014 Notice of Taking Deposition Duces Tecum (of Melinda Skirvin, Carla Lehman, and Margaret Longstreth) filed.
Dec. 26, 2013 Petitioner's Supplemental Answer to First Set of Interrogatories filed.
Dec. 18, 2013 Order on Respondent`s Motion to Compel.
Dec. 17, 2013 CASE STATUS: Motion Hearing Held.
Dec. 16, 2013 AHCA's Reply to Petitioner's Response to AHCA's Motion to Compel Answer to Interrogatories and Requests for Admissions filed.
Dec. 13, 2013 Petitioner's Response to AHCA's Motion to Compel Answers to Interrogatories and Request for Admissions filed.
Dec. 06, 2013 Exhibits to AHCA's Motion to Compel Answer to Interrogatories and Requests for Admissions filed.
Dec. 06, 2013 AHCA's Motion to Compel Answers to Interrogatories and Requests for Admissions filed.
Oct. 28, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 11, 2014; 9:00 a.m.; Lauderdale Lakes, FL).
Oct. 24, 2013 AHCA's Unopposed Motion for Continuance filed.
Oct. 23, 2013 Amended Notice of Hearing by Video Teleconference (hearing set for November 14, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to video teleconference and hearing locations).
Oct. 07, 2013 Petitioner's Responses to the Agency's First Request for Production filed.
Oct. 07, 2013 Petitioner's Responses to the Agency's First Request for Admissions filed.
Oct. 07, 2013 Petitioners Answers to Agency's First Set of Interrogatories filed.
Sep. 11, 2013 AHCA's First Request for Admissions filed.
Sep. 06, 2013 AHCA's First Request for Production filed.
Sep. 05, 2013 AHCA's First Set of Interrogatories filed.
Sep. 05, 2013 Order of Pre-hearing Instructions.
Sep. 05, 2013 Notice of Hearing (hearing set for November 14, 2013; 9:00 a.m.; Fort Lauderdale, FL).
Sep. 04, 2013 Petitioner's Response to Initial Order filed.
Sep. 04, 2013 AHCA's Unilateral Response to the Initial Order filed.
Aug. 28, 2013 Initial Order.
Aug. 27, 2013 Agency action letter filed.
Aug. 27, 2013 Petition for Formal Administrative Hearing filed.
Aug. 27, 2013 Notice (of Agency referral) filed.

Orders for Case No: 13-003273
Issue Date Document Summary
May 16, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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